Eduardo Reyes Chavez

Raids and Employment Verifications: An Employer’s Guide to Prepare for ICE Visits

Employment, Immigration

On January 10th, U.S. Immigration and Customs Enforcement (“ICE”)[1] agents targeted nearly 100 7-Eleven stores nationwide in search of undocumented workers. The raids at the 7-Eleven stores are the result of the Trump Administration’s efforts to increase raids and compliance investigations. It comes as no surprise, therefore, that employers should take proactive measures in order […]


Eduardo Reyes Chavez

NLRB Overrules the Browning-Ferris Joint Employer Test

Employment

On December 14, 2017, the National Labor Relations Board (“NLRB” or “Board”) limited liability in employment law cases by heightening the standard for what constitutes a joint employer.  In its 3-2 decision, the NLRB overruled its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”)[1] and abandoned the Obama-era expansion […]


Michelle Su

Holiday Cheer, But No Beer?

Employment

During this holiday season, for many employers the “holiday party” is a tradition to develop inter-personal relationships amongst colleagues and celebrate the end of the year together. In keeping with the festive mood, employers often provide ample food and drinks for everyone to enjoy. However, this year, employees might notice an absentee at their holiday […]


Onik'a Gilliam

Refusal to Hire an Applicant Due to Prior Opposition to Discriminatory Practices of a Prior Employer Can Expose Employer to Liability Under WLAD

Employment

On November 9, the Washington State Supreme Court (WSSC) en banc filed its opinion on the certified question of whether “RCW 49.60.210(1) create[s] a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation in opposition to discrimination against a different employer.”  In short, the WSSC concluded yes, […]


Emma Kazaryan

New Washington State Supreme Court Case: Updated Standard for Discrimination Claims and A Warning That Policies Can Modify At-Will Employment

Employment

On October 19, 2017, the Washington State Supreme Court entered its opinion in the matter of Mikkelsen v. Public Utility District No. 1 of Kittias County, et al.  In Mikkelsen, the female plaintiff sued her former employer (a utility district) for wrongful discharge based on gender and age discrimination, and failure to follow the progressive […]


Onik'a Gilliam

Gender Identity No Longer Protected Under Title VII

Employment

Following close on the heels of other Obama administration-era rollbacks (see Education Secretary Betsy DeVos’s recent announcement rescinding prior guidance as to the standard of proof to be applied under Title IX), Attorney General Jeff Sessions announced yesterday that it is the Department of Justice’s position under President Donald Trump that it will no longer interpret […]


Emma Kazaryan

The Enjoined DOL Overtime Rules Have Been Struck Down

Employment

Back in November, we reported that a federal judge in Texas issued an injunction blocking the implementation of the Department of Labor’s new overtime rules (the rules increased the minimum salary threshold for overtime exemption).  The rules were set to become law on January 1, 2017 but the injunction still applied at that time so […]


Eduardo Reyes Chavez

Workplace Compliance: I-9 Guidance for Employers of DACA Recipients

Employment

On June 15, 2012, President Barack Obama issued an executive order called Deferred Action for Childhood Arrivals (DACA).  Since 2012, DACA has allowed nearly 800,000 eligible noncitizens who were brought to the U.S. as children to apply for two years’ protection from deportation/removal, as well as employment authorization.  While the future of DACA is still […]